My employer does not have a job for me
while I am under doctor’s care, can I find
a job somewhere else?
This is a very common question that arises, particularly when the injured worker has a labor-intensive job, and the authorized treating physician has released them back to work but not in the same capacity as before their injury.
Employment issues that can arise from work restrictions
When a worker’s authorized treating physician releases them back to work with restrictions, it can pose a number of issues for both the employer and the injured worker, who is still recovering.
For example, often, there are lifting limitations imposed when a worker has injured their back. Once the doctor has released the injured worker back into the workforce and assigned limitations, if the employer cannot accommodate the restrictions, it can cause financial strain on that injured worker who needs a continual check coming in to help provide for their family.
This is because, by operation of law, once the injured worker reaches maximum medical improvement (MMI), the weekly workers’ compensation checks will stop even if the employer has not rehired them to return to the same employment.
That is not to say the employer does this every time; it is fact-specific to each case. Often, the employer can accommodate the return-to-work restrictions.
What Happens After My Workers’ Compensation Claim Has Been Resolved?
So, you’ve finally settled your workers’ comp claim. But what comes next?
Can I get a new job if my employer can’t accommodate my work restrictions?
The short answer is yes, but it depends.
Typically, our advice is that whatever new employment the injured worker finds, it should be within the parameters of the authorized treating physician’s recommendations. That way, the injured worker can get some money coming in and remain credible if they’re called upon to testify later in litigation.
Additionally, by getting a job within the doctor’s restrictions, it does not expose the injured worker to potential further injury by doing something that they should not be doing.
While every case is fact-specific, if you have questions or concerns about a similar issue or set of circumstances, you should contact an experienced workers’ compensation attorney to make sure you don’t jeopardize your claim.
Need help with your Alabama workers’ comp claim?
The Nomberg Law Firm has been representing the working men and women of Alabama since 1967, so you can rest assured that our attorneys have the legal knowledge and experience to get you the compensation you deserve.